QUESTION
My husband is divorced from former wife and she is remarried, I am his present wife, can he change the beneficiary on IRA?
Asked on Oct 19th, 2012 on Divorce - California
More details to this question:
Wondering if my husband can take his ex spouses name off his IRA and put mine on there. She is remarried, and I have been with my husband for 25 years now.
17 ANSWERS
Steven D. Dunnings
What did the judgment of divorce provide?
Answered on Jun 26th, 2013 at 9:53 PM
Administrative Law Attorney serving Winter Garden, FL
at
Channell Law Firm, P.A.
Update Your Profile
depends on provisions in his final judgment.
Answered on Oct 24th, 2012 at 7:35 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
at
Cathy R. Cook, Attorney at Law
Update Your Profile
It depends on what his divorce decree says. If he is not required to keep her as beneficiary, he can change it to you or whoever he wants.
Answered on Oct 24th, 2012 at 7:26 AM
Michael Paul Vollandt
If the IRA was acquired after separation from the ex then he can but you on as a beneficiary and actually if it a part of your community then you are a portion of the owner as well.
Answered on Oct 24th, 2012 at 7:11 AM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
The answer to that question should be found in your husband's original divorce decree. If that decree didn't say anything and he got the IRA balance in the property settlement, he should be able to change the beneficiary whenever he wants. If the decree said he had to keep the first wife as a beneficiary, he has to comply with that court order unless he can convince a judge to change it.
Answered on Oct 24th, 2012 at 6:56 AM
Alternative Dispute Resolution Attorney serving Chandler, AZ
at
Cox Sandoval Law, PLLC
Update Your Profile
Unless there is a court order (ie a term in his Decree of Dissolution) that says he cannot change the beneficiary on that particular IRA, he should be able to dispose of it as he wishes.
Answered on Oct 24th, 2012 at 5:14 AM
Dennis P. Mikko
Your husband's Judgment of Divorce would determine who is the beneficiary of his IRA in existence at the time of the divorce. Any IRA started after the divorce would not be subject to a claim by his ex-wife. In light of the time that has past, if the Judgment of Divorce is silent as to beneficiary, he most likely could name you as the beneficiary.
Answered on Oct 24th, 2012 at 12:53 AM
Personal Injury Attorney serving Pacific, MO
at
Melvin G. Franke
Update Your Profile
Depends upon the dissolution judgment does she have an interest in it by the divorce decree.
Answered on Oct 24th, 2012 at 12:53 AM
You need to talk to an attorney in person and show the attorney a copy of the judgment your husband got in his divorce from the first wife in order to have this question answered.
Answered on Oct 24th, 2012 at 12:49 AM
Unless he was ordered in the prior dissolution Judgment to retain the beneficiary, then yes he can make the beneficiary change.
Answered on Oct 24th, 2012 at 12:35 AM
Unless a portion of that IRA was awarded to the ex-wife, he should be able to substitute your name for hers on the IRA. An experienced attorney could examine your husband's Judgment of Divorce and advise you more specifically. Usually there is a provision which awards personal property in possession of a party to that party or else specifically awards the IRAs to one or the other. Even if the holder of the IRA has never changed the name on the IRA, a letter from the attorney and a copy of the divorce judgment should be sufficient to convince them to make the change you desire.
Answered on Oct 24th, 2012 at 12:12 AM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
at
Robert J. Merlin, P.A.
Update Your Profile
As long as he did not agree to keep her as a beneficiary of his retirement account.
Answered on Oct 24th, 2012 at 12:04 AM
Family Law Attorney serving Atlanta, GA
at
Law Offices of Dana A. Azar
Update Your Profile
It is necessary to review the divorce decree before this question can be answered. If the divorce decree gives the ex-wife any right to the IRA, then the ex is entitled to what the decree gives her. If the divorce decree does not grant her any interest in the IRA, then your husband is free to make you the beneficiary.
Answered on Oct 23rd, 2012 at 10:14 PM
Mediation Attorney serving Bloomfield, NJ
at
Cassandra T. Savoy, PC
Update Your Profile
Usually, the court requires that the parties separate their assets as soon as is practical after the divorce is granted and the property divided. The first wife was probably entitled to a percentage of the IRA on the date of the filing. The judgement of divorce will tell you exactly what she is entitled to. He can do what he likes with his portion and any contributions subsequent to the judgement.
Answered on Oct 23rd, 2012 at 10:13 PM
Great question. I would suggest that your Husband review the marital settlement agreement or, if none, the Court's ruling, on the IRA issue. If the IRA issue was not considered in either the marital settlement agreement or the Court's ruling, I suppose your husband could proceed in any way he desires, however, before doing, I would recommend he consult with an attorney. Good luck.
Answered on Oct 23rd, 2012 at 10:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Yes, if he owns the IRA then he names the beneficiary.
Answered on Oct 23rd, 2012 at 9:49 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
Check what the judgment says. If the IRA was awarded to him, he can change the beneficiary. The judgment typically ends the right to be a beneficiary for estate planning purposes.
Answered on Oct 23rd, 2012 at 9:49 PM